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Jurors' focus tested as Kilpatrick trial resumes after break

Breaks for ailing attorney, holidays test jurors' memory, focus in former Detroit mayor's federal trial

Empty jury chairs

DETROIT – They went to court looking stylish as always and on Monday it was stylish winter wear for the defense.

Inside court, former Detroit mayor Kwame Kilpatrick had brought Vicks cold medicine instead of coffee. It's a concern for those involved in the trial because no one wants any more unscheduled delays.

The court took a week off for Thanksgiving which was just weeks after an unscheduled two-week break to allow a defense attorney to recover from a heart ailment. There is still another two-week break coming up at Christmas.

"It makes it confusing and harder for the government to win their case, because you forget things. It becomes dull in a juror's mind, " said Local 4 legal expert Todd Flood.

With complicated, technical testimony, some wonder how well jurors will remember what the multiple witnesses have said dating back to September.

"I haven't been able to watch the jury because I have been questioning the witness. So I have to ask you guys. What do you guys think?" said Bobby Ferguson's attorney, Gerald Evelyn.

Kilpatrick trial resumes after break for Thanksgiving holiday

Defense attorney Jim Thomas, representing Kilpatrick, said there is no question this is a complicated case.

"The government had what, 8, 9 years to put it together? So, since the indictment in 2010 we've done our best to try and keep up," Thomas said.

Jurors have photos of every witness and are allowed to take notes. They can look over those notes to hopefully refresh their memory as the federal trial continues.

Two jurors already have been dismissed. On Monday, the courtroom was full of coughing and nose-blowing as jurors did their to best stay focused.

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-- Defense attorney Gerald Evelyn and his client Bobby Ferguson outside court on Monday.